Meath v. Board of Mississippi Levee Commissioners

Citations

• 109 U.S. 268
• 3 S. Ct. 284
• 27 L. Ed. 930
• 1883 U.S. LEXIS 970

Syllabus

<p>Limitations — Mississippi Statutes — Practice.</p> <p>1. When the court below finds generally for a defendant, and also makes special findings on the issues, no error can be assigned on the special findings.</p> <p>2. The subject of the action in this suit being an instrument under seal, and the cause having accrued in the State of Mississippi on the 1st day of April, 1871, the action is subject to the provisions of the code of the State of Mississippi of 1857 so far as it affects the limitation of the action.</p> <p>3. When it appeared in a suit prosecuted in the State of Mississippi that the plaintiff at the time when the action was begun had no legal title to the matter which was the subject of the suit, but acquired his interest therein subsequently to the commencement of the suit, and judgment was rendered accordingly, that was not a judgment-on “ a matter of form ” in the sense in which that expression is used in § 3163 of the Mississippi Code of 1871 ; but one which may be pleaded in answer to another suit brought for the same cause of action.</p>